SYLLABUS
FALL 2007 SEMESTER
MBU 4630: LEGAL ISSUES IN THE
MUSIC (ENTERTAINMENT) INDUSTRY
Please read this syllabus thoroughly and retain it until the end of the semester since it contains information, which should be useful to you in this course. By enrolling in this course and being supplied with a copy of this syllabus, you agree to be held subject to these requirements.
Professor: David S. Crow
Bass, Berry & Sims PLC
29 Music Square East
Nashville, TN 37203
Phone (home): 883-5455 (before 9 pm)
Office: 255-6161
E-mail: dcrow@bassberry.com
Class Hours & Location: Tuesday, Thursday 8 AM - 9:15 AM (Wheeler Humanities Building, Room 313)
COURSE DESCRIPTION: This course provides an overview and analysis of legal issues, which frequently arise in the music and entertainment industry. The topics to be covered include the role of entertainment attorneys, recording contracts including royalty provisions, contracts with minors, rights of publicity, production company contracts, music licensing for TV and film, payola issues as well as applicable case law and copyright legislation. In addition, the course covers the various ethical issues, such as music piracy and bootlegging, copyright infringement, and the exploitation of the recording artist.
COURSE OBJECTIVES: To gain an understanding of the basic legal relationships among the various parties involved in the entertainment industry and how different areas of law affect these relationships and the entertainment industry. I intend to create a classroom atmosphere open to questions and comments in the hope of fostering a class that is interesting and as well as informative. However, I cannot do this alone. In order to get the most out of this class, you must be willing to do the required course work, participate and be prepared for class. We will examine as a class "Music as a Business", "Protecting Your Copyrights", "Live Performance and Touring" agreements and "Recording Contracts".
PRE-REQUISITES: Intellectual Property [MBU 3520] and Survey [MBU 1110]
TEXT: The Musicians Business & Legal Guide, 4th Edition, Halloran, Prentice Hall 2007.
ELECTRONIC DEVICE POLICY: You are generally free to use notebook computers or other electronic devices (e.g., PDAs, etc.) in class to take notes. However, use of any electronic and/or digital device (whether now known or hereafter in existence) during exams or assignments is strictly prohibited unless I give specific permission otherwise (e.g., a take-home exam or assignment requiring you to use Internet resources, etc.). Cell phone use (i.e., calling and receiving calls, sending and receiving text messages, etc.) in class is prohibited since such activity can be disruptive to other students. All use of computers and other electronic devices is also subject to any applicable policies of Belmont University.
READING ASSIGNMENTS & PARTICIPATION: You are expected to come to class prepared to participate in class discussions. Participation includes the responsibility of having read any assigned materials prior to class. This is exceptionally important and if you do not keep up with the assigned reading, you will likely fall behind and your performance may suffer accordingly. Additional reading materials may be assigned in class, by e-mail and/or posted on the course webpage.
NOTE: In order to understand the material covered in the course, you must have at least a basic understanding of the United States legal system (e.g., the legislative & judicial systems, etc.). If you’ve taken a business law course, that should have provided you with a sufficient foundation. However, you may want to look over the materials at http://www.copyrightguru.com/unitedstateslegalsystem.html and www.lectlaw.com/files/env02.htm to refresh your recollection.
ATTENDANCE: The policies of the current Belmont University Undergraduate Bulletin will apply to this class (i.e., “When the number of absences for any reason exceeds four times the number of scheduled class meetings per week [8 in this case], a student will be involuntarily dropped from the course with a grade of ‘WF’”). Regular class attendance is expected and an attendance sheet may be distributed at the beginning of each class session. If you are not present at the beginning of class when attendance is taken, you will be counted as absent. Since Belmont’s policy allows for a significant number of absences without any direct penalty, I do not make any distinction between excused and unexcused absences. You do not need to inform me of the reason for absences and absences will not directly affect your grade for the course except: (1) The failure to attend class on any exam date without the professor’s prior approval (Provost’s approval for the final exam) will result in a grade of 0 for such exam; and (2) exceptional attendance and participation may result in borderline grades for the course being rounded up (e.g., if your course grade based on exams and assignments is an 89, it could be rounded up to 90 giving you an A- rather than a B+ for the course). It is solely your responsibility to keep up with your absences. Please do not ask me how many absences you have during the semester since I will not total absences until after the last class session.
GRADING: The grading specified in the current Belmont Undergraduate bulletin applies to this class. Exams, including the final, will be averaged to determine your grade. Your grade will be based upon the your scores on the items specified below:
Test #1 20%
Test #2 20%
Test #3 20%
Final Exam 20%
Negotiation Exercise 20%
Extra credit projects will not be allowed, although exceptional attendance and participation may result in borderline grades for the course being rounded up (e.g., if your final course grade is an 88 or 89, it could be rounded up to 90, depending on attendance and participation).
EXAMS: The format for exams may consist of some or all of the following: multiple choice, true/false, matching, short answer and/or essay questions. Exam questions may cover terminology, concepts, and application of concepts to hypothetical scenarios (requiring you to apply what you have learned rather than merely repeating it). The Final Exam will be comprehensive as required by College policy and will take place on the date specified by Belmont University which is scheduled for Thursday, December 6, 2007 at 8am. *UNIVERSITY POLICY DOES NOT ALLOW ME TO CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST.
HONOR CODE: In order to uphold academic integrity, the University has adopted an Honor System. It is expected that students will abide by the Belmont University Honor Code at all times. Following is the Student Honor Pledge that guides academic behavior: “I will not give or receive aid during examinations; I will not give or receive false or impermissible aid in course work, in the preparation of reports, or in any other type of work that is to be used by the instructor as the basis of my grade; I will not engage in any form of academic fraud. Furthermore, I will uphold my responsibility to see to it that others abide by the spirit and letter of this Honor Pledge.” Please note that Honor Code violations are subject to serious penalties, including receiving a failing grade for the course, suspension & expulsion from the University.
DISABILITIES: In compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, Belmont University will provide reasonable accommodation of all medically documented disabilities. If you have a disability and would like the university to provide reasonable accommodations of the disability during this course, please notify the Director of Counseling & Developmental Support in the Office of Student Affairs (460-6407) as soon as possible.
TOPICS: U.S. Judicial System, Entertainment Group Names and Trademark Law, Business Entities, Music Attorneys, Contracts with Minors, Club Contracts, Internet and Music, Unions, Talent Agencies, Recording Contracts, Artist Royalty Statements, Record Producer Agreements, Distribution Contracts with Independent Labels, U.S. Supreme Court cases and payola.
TENTATIVE COURSE SCHEDULE (Professor reserves the right to adjust the schedule as dictated by how rapidly certain areas are covered).
Week 1
8/23 Introduction to the course, contract law basis, contracting with minors, Group Breakups and Group Names, Protection of trademarks
Business Entities - sole proprietorship, partnerships, corporations, LLCs
How to Set Up A Money Deal
Music Attorneys - specialization, fees, conflicts and confidentiality
Mediation (pages 2-56)
Week 2
8/28 Continued: Group Breakups and Group Names, Protection of trademarks
Business Entities - sole proprietorship, partnerships, corporations, LLCs
How to Set Up A Money Deal
Music Attorneys - specialization, fees, conflicts and confidentiality
Mediation (pages 2-56)
8/30 Copyright Infringement - review of judicial system, elements of a copyright claim, remedies (pages 58-93)
Week 3
9/4 Digital Downloads and Streaming (pages 99-112)
9/6 Test #1
Week
4
9/11 Music Publishing –Single song agreements, mechanical licenses, pitching agreements, blanket licenses, examination of the performing rights organizations (pages 126-183)
9/13 Music Licensing for TV and Film and Pop Music for Soundtracks [synchronization licenses](pages 184-197)
Week 5
9/18 Idea Submissions/trade secret law, Live Performances - Club Contracts, Showcasing and Music Unions (pages 244-270)
9/20 Idea Submissions/trade secret law, Live Performances - Club Contracts, Showcasing and Music Unions (page 244-270)
Week 6
9/25 Talent Agencies (AFM Agent-Musician Agreement) (pages 231-243)
9/27 Right of Publicity/Merchandise sales
Week 7
10/2 Test #2
10/4 Managers and Agents (page 200-224)
Week 8
10/9 Business Managers (page 224-230)
10/11 Fall Break
Week 9
10/16 Practical Aspects of Securing Major Label Agreements (pages 272-281)
10/18 Analysis of a Recording Contract (page 282-352)
Week 10
10/23 Analysis of a Recording Contract (page 282-352)
10/22 Analysis of a Recording Contract (page 282-352)
Week 11
10/30 Analysis of a Recording Contract (page 282-352)
11/1 Test #3
Week 12
11/6 How to Read and Evaluate Royalty Statements (page 353-372)
11/8 Producer Agreements [Independent Producer Agreements and shopping agreements](pages 373-386)
Week 13
11/13 Indie vs. Major Labels & Distribution Agreements (pages 387-393)
11/15 Indie vs. Major Labels & Distribution Agreements (pages 394-415)
Week 14
11/20 Exclusive Songwriter Agreement
11/22 Thanksgiving Break
Week 15
11/27 Exclusive Songwriter Agreement/Negotiation Exercise
11/29 Negotiation Exercise
Week 16
12/4 Review/Catch up session
6515766.1
12/6 *Final Exam